Posted by Alan Eisner | Dec 19, 2018 |
After you have been charged with a crime in any Los Angeles County Criminal Court – You are entitled to certain legal rights to ensure fair criminal proceedings and to give you an opportunity to defend yourself. This includes the right to an arraignment in court within a reasonable time period af...
Posted by Alan Eisner | Dec 17, 2018 |
Carrying a concealed dirk or dagger is covered under California Penal Code Sections 21310 and 16470. In basic terms, it's a crime to carry or possess a concealed straight knife that can be used to stab and cause serious injury to another person. In Los Angeles County, police and prosecutors cons...
Posted by Alan Eisner | Dec 03, 2018 |
Possession of a switchblade knife is covered under California Penal Code Section 21510. Due to the fact that switchblade knives can be dangerous weapons and easily concealed, California has put in place strict laws regulating the sale and possession of switchblades.
It's a crime to carry a switc...
Posted by Alan Eisner | Nov 26, 2018 |
At Eisner Gorin LLP, a top-rated Los Angeles criminal defense law firm, we frequently defend individuals either under investigation for, or already charged with, federal crimes. While there is significant overlap in terms of defense strategy between State and federal crimes, several key distincti...
Posted by Alan Eisner | Nov 19, 2018 |
Warrants are a commonly used law enforcement tool during the investigation and apprehension of criminal suspects. The two types of warrants most frequently encountered by our clients are arrest warrants and search warrants. As we often receive inquiries about the scope, validity, and function of...
Posted by Alan Eisner | Nov 15, 2018 |
At our law firm, domestic violence charges are one of the most common criminal defense issues our clients face. Typically, but not always, the accuser and the alleged attacker are in a dating or marital relationship, and often cohabitate. Domestic violence scenarios can start during a bad breakup...
Posted by Alan Eisner | Nov 13, 2018 |
Prior to the passage and approval of Senate Bill 1437 in September 2018, California law allowed first-degree murder convictions, which bring a sentence of 25 years to life, for participants in certain inherently dangerous felonies in which a person is killed. These felonies include arson, rape, ...
Posted by Alan Eisner | Nov 12, 2018 |
There are certain felony crimes that are considered a “strike” offense for the purposes of California's three strikes law, which is considered the one of the most severe sentencing statutes in the United States. These crimes can be either a serious or violent offense. These criminal offenses are...
Posted by Alan Eisner | Oct 29, 2018 |
Filing a false document is covered under California Penal Code Section 115. This law criminalizes the act of someone knowingly filing a forged or false document with a government office in California. Typically, PC 115, a white collar fraud crime, involves the filing of a false or forged real est...
Posted by Alan Eisner | Oct 22, 2018 |
The crime of destroying or concealing evidence in covered under California Penal Code Section 135. This law criminalizes someone willfully destroying or concealing anything that is about to be produced as evidence in an investigation, inquiry, or a trial. In other words, it's a crime to tamper w...
Posted by Alan Eisner | Oct 11, 2018 |
The defense attorneys at Eisner Gorin LLP often must contend with incriminating evidence in court, in the form of statements made by the client after the police gave Miranda warnings. Often this is some of the most difficult testimony to defend against, as the words are....
Posted by Alan Eisner | Oct 08, 2018 |
Possession of a fake driver's license or identification card is covered under California Penal Code Section 470b. In basic terms, it's a crime to display or possess a fake driver's license or an identification card with intent to commit fraud or a forgery. PC 470b also includes any type of gover...
Posted by Alan Eisner | Sep 24, 2018 |
The crime of violating a restraining or protective order is covered under California Penal Code Section 273.6. In basic terms, this domestic violence-related crime occurs when you intentionally and knowingly violate a court-issued order. The court order could come in the form....
Posted by Alan Eisner | Sep 10, 2018 |
Negligent discharge of a firearm is addressed by California Penal Code Section 246.3. Essentially, it makes it a crime to intentionally fire a weapon with gross negligence, risking injury or death to another individual. PC 246.3 is considered a serious offense, often called a “wobbler” crime. This term refers to crimes...
Posted by Alan Eisner | Aug 27, 2018 |
California Vehicle Code 23103 covers reckless driving, which is a broad range of different types of unsafe driving behavior on the crowded roads and highways in Los Angeles County. A reckless driving offense should not be confused with a speeding citation, which is only an....
Posted by Alan Eisner | Aug 14, 2018 |
Recent news articles have sparked renewed interest in the topic of dishonest or lying police officers and their impact on the criminal justice system. In our practice, it is not infrequent to encounter officers who have told half-truths or outright falsehoods about the circumstances leading to ou...
Posted by Alan Eisner | Aug 13, 2018 |
Attempted crimes laws are covered under California Penal Code Sections 21a and 664. Many people don't realize that attempting to commit a crime, is itself a crime. Attempt is a separate offense that may be charged on its own. In other words, if you attempt to commit a crime, but unsuccessful, you...
Posted by Alan Eisner | Jul 30, 2018 |
In felony cases in Los Angeles County criminal courthouses, there is sometimes a discussion by criminal defense lawyers of a “995 Motion.” What exactly is this type of motion and what is it for? A California Penal Code Section § 995 motion gives you an opportunity, after your....
Posted by Alan Eisner | Jul 17, 2018 |
Governor Brown signed Assembly Bill 1810, enacted by the Legislature and, as a budget trailer bill, effective and operative immediately. This program is called the “mental health diversion” in California. Among other things, the bill created Penal Code section 1001.36. This sets forth a discreti...
Posted by Alan Eisner | Jul 09, 2018 |
Bribery of witnesses is covered under California Penal Code Sections 137 and 138. A “bribe” is basically described as when a witness changes their testimony, or makes an agreement to not appear at a trail in exchange for money or anything of value. However, the California Penal Code does not con...
Posted by Alan Eisner | Jun 27, 2018 |
In a felony criminal case in Los Angeles County, you have a constitutional right to a preliminary hearing, where the prosecutor has to show the judge there is sufficient evidence to support allegations that a crime has been committed. In other words, the primary purpose of a preliminary hearing i...
Posted by Alan Eisner | Jun 20, 2018 |
Did you have a bad cop on your case and a victim of police misconduct? A Pitchess motion is designed to find impeachment material to challenge the credibility of a police officer, based on their prior misconduct within the last five years. In other words, it's an attempt to identify any pattern o...
Posted by Alan Eisner | Jun 13, 2018 |
Most people have a basic understanding of California search warrants, but don't typically know all the legal requirements, probable cause, and how a search warrant is issued. A search warrant gives police the legal authority to search your home, car, business, or any other area they suspect has e...
Posted by Alan Eisner | Jun 06, 2018 |
California Penal Code Section 1203.3 gives a judge the authority to terminate your probation early. However, it's important to note that these requests are granted only if you can show the court good reasons, which is commonly known as “good cause.” If you are seeking early termination of your p...
Posted by Alan Eisner | May 30, 2018 |
Impersonating a police officer law is covered under California Penal Code Section 538d. In basic terms, it's a crime to wear an authorized law enforcement uniform with the intent to fraudulently impersonate or induce someone into believing you are a peace officer. PC 538d is a misdemeanor offens...